Lord Johnson of Lainston: I spent a long time working on that joke—it did not work the first time, but I thought I would try it at this final point.
This Chamber has seen productive debate, including following the Bill’s Second Reading, which was opened with profound style by the then new Foreign Secretary, my noble friend Lord Cameron of Chipping Norton.
I turn first to the Opposition spokespeople, the noble Lords, Lord McNicol of West Kilbride and Lord Purvis of Tweed. The scrutiny that they have undertaken has been thoughtful and thorough, and they have my sincere thanks for this.
I am indebted once again to my noble friend Lord Lansley and his ability to purposely probe legislation, this time in relation to geographical indications and government procurement. I also extend my gratitude to all members of the International Agreements Committee, led by the noble and learned Lord, Lord Goldsmith, for their continued engagement, particularly the noble Baroness, Lady Hayter, and the noble Lord, Lord Kerr.
It would also be right for me to express thanks to the noble Lords, Lord Alton of Liverpool and Lord Leong, who I hope are reassured by the robustness of our democratic processes around our treaty obligations and my undertakings to ensure that all future countries who wish to join the CPTPP, once we are a full member, will receive full and proper scrutiny.
I am also grateful to the noble Lord, Lord Foster of Bath, for his extraordinary knowledge of intellectual property law and his comments around artists’ rights. I look forward to seeing the findings of the consultation when it reports over the coming months. I also make a commitment to continue to work with all CPTPP countries to further the principle of artists’ resale rights, as recently discussed with the noble Earl, Lord Clancarty.
I thank my noble friend Lord Goldsmith of Richmond for his helpful input around the risks to the environment and continue to reassure noble Lords that we remain fully committed in this area when negotiating free  trade deals. There is no derogation of our standards with our joining CPTPP. In fact, this forum allows us to drive change and further align our partner countries with our environmental values and ambitions.
Other important areas discussed during the Bill’s passage include food standards, the UK’s financial sector and parts of the Bill’s application in Northern Ireland. These issues were raised frequently and emphatically by my noble friends Lady McIntosh, Lord Holmes and Lady Lawlor, and the noble Baroness, Lady Willis. I pay tribute to each of them for this and the engagement that they afforded me.
Finally, it would be remiss of me not to thank my Secretary of State, Kemi Badenoch, for her skills in bringing this process to a conclusion. She led a first-class team who delivered a truly wonderful gift to this nation.
Behind the scenes, the extraordinary Bill team also put in an unbelievable amount of effort. All Peers in this House who have engaged in this or, indeed, any legislative process will be aware of the extraordinary effort by our officials to ensure sensible dialogue and great outcomes. My thanks go to James Copeland, Alistair Ford, Jack Collins and Jack Masterman, as well as Hope Hadfield, Neelam Mandair and Bayse Genc from the CPTPP team. I also thank my private secretary, Lisa Banks, and other officials who make up my private office, so ably led by Anthony Donaldson.
Finally, I thank the parliamentary staff, including the doorkeepers and the clerks, for their professionalism and continued support to your Lordships’ House.
British businesses and consumers alike are set to benefit significantly from our acceding to this trade group. It builds on the free trade agreements that entered into force between the UK and Australia and New Zealand in May last year, which I had the honour of taking through Parliament. It will result in new market access for our world-leading goods and services. We are removing tariffs, which will help our farmers, service providers and businesses export across the world to new, fast-growing economies and populations hungry for our produce. As Lord Haldane so wisely said, tariffs are not the answer; the only way to remain ahead of our rivals is to continue to be ahead of them in the quality of what we make. No tariff can keep out that quality which is the key to quantity.
The CPTPP is a gateway to greater growth and economic prosperity for all parts of the UK. I repeat the wonderful quotation from William H Seward:
“the Pacific Ocean, its shores, its islands, and the vast regions beyond, will become the chief theatre of events in the World’s great Hereafter”.
As the Bill travels to the other place and develops, it is important that we continue to work with the devolved nations to ensure that we have their appropriate co-operation and collaboration. With that, I thank all noble Lords in this House.

Lord Sharpe of Epsom: Moved by Lord Sharpe of Epsom
10: Clause 8, page 27, line 14, at end insert—“(aa) deciding under section 90(11) or 257(10) whether to approve a decision of the Secretary of State,”Member’s explanatory statementThis amendment provides that the function of the Investigatory Powers Commissioner (“IPC”) of deciding, under section 90(11) or 257(10) of the Investigatory Powers Act 2016 (review of notices), whether to approve decisions may be delegated to a Deputy IPC only where the IPC is unable or unavailable to exercise the function.

Lord Sharpe of Epsom: Moved by Lord Sharpe of Epsom
26: Clause 17, page 35, line 18, at end insert—“(b) in subsection (5)—(i) after “must” insert “, before the end of the review period,”;(ii) after “(1)” insert “(and accordingly decide what action to take under subsection (10))”;(c) after subsection (5) insert—“(5A) In subsection (5) “the review period” means—(a) such period as may be provided for by regulations made by the Secretary of State, or(b) if that period is extended by the Secretary of State in accordance with the regulations (see subsection (14)), such extended period.”(d) after subsection (9) insert—“(9A) The Commissioner may give a direction to the operator concerned or the Secretary of State specifying the period within which the operator or the Secretary of State (as the case may be) may provide evidence, or make representations, in accordance with subsection (9)(a).(9B) If the Commissioner gives such a direction to the operator or the Secretary of State, the Board and the Commissioner are not required to take into account any evidence provided, or representations made, by the operator or the Secretary of State (as the case may be) after the end of that period.”;(e) in subsection (10)—(i) for “may” substitute “must”;(ii) after “Commissioner” insert “but before the end of the relevant period, decide whether to”;(f) after subsection (11) insert—“(11A) In subsection (10) “the relevant period” means—(a) such period as may be provided for by regulations made by the Secretary of State, or  (b) if that period is extended by the Secretary of State in accordance with the regulations (see subsection (15)), such extended period.”(g) after subsection (13) insert—“(14) Regulations under subsection (5A)(a) may include provision enabling any period provided for by the regulations to be extended by the Secretary of State where the extension is agreed by the Secretary of State, the telecommunications operator concerned and a Judicial Commissioner.(15) Regulations under subsection (11A)(a) may include provision enabling any period provided for by the regulations to be extended by the Secretary of State—(a) where the Secretary of State considers that there are exceptional circumstances that justify the extension, or(b) in any other circumstances specified in the regulations.(16) Where regulations under subsection (11A)(a) include provision mentioned in subsection (15), the regulations must also include provision requiring the Secretary of State to notify a Judicial Commissioner and the telecommunications operator concerned of the duration of any extended period.””Member's explanatory statementThis amendment enables the Secretary of State to make regulations, and a Judicial Commissioner to give a direction, setting time limits in connection with reviews carried out under section 90 of the Investigatory Powers Act 2016 (review of retention notices).
Amendment 26 agreed.
Amendments 27 to 31 not moved.

Lord Sharpe of Epsom: Moved by Lord Sharpe of Epsom
32: Clause 17, page 35, line 41, at end insert—“(b) in subsection (4)—(i) after “must” insert “, before the end of the review period,”;(ii) after “(1)” insert “(and accordingly decide what action to take under subsection (9))”;(c) after subsection (4) insert—“(4A) In subsection (4) “the review period” means—(a) such period as may be provided for by regulations made by the Secretary of State, or(b) if that period is extended by the Secretary of State in accordance with the regulations (see subsection (13)), such extended period.”(d) after subsection (8) insert—“(8A) The Commissioner may give a direction to the person concerned or the Secretary of State specifying the period within which the person or the Secretary of State (as the case may be) may provide evidence, or make representations, in accordance with subsection (8)(a).(8B) If the Commissioner gives such a direction to the person or the Secretary of State, the Board and the Commissioner are not required to take into account any evidence provided, or representations made, by the person or the Secretary of State (as the case may be) after the end of that period.”;(e) in subsection (9)—(i) for “may” substitute “must”;(ii) after “Commissioner” insert “but before the end of the relevant period, decide whether to”;  (f) after subsection (10) insert—“(10A) In subsection (9) “the relevant period” means—(a) such period as may be provided for by regulations made by the Secretary of State, or(b) if that period is extended by the Secretary of State in accordance with the regulations (see subsection (14)), such extended period.”(g) after subsection (12) insert—“(13) Regulations under subsection (4A)(a) may include provision enabling any period provided for by the regulations to be extended by the Secretary of State where the extension is agreed by the Secretary of State, the person concerned and a Judicial Commissioner.(14) Regulations under subsection (10A)(a) may include provision enabling any period provided for by the regulations to be extended by the Secretary of State—(a) where the Secretary of State considers that there are exceptional circumstances that justify the extension, or(b) in any other circumstances specified in the regulations.(15) Where regulations under subsection (10A)(a) include provision mentioned in subsection (14), the regulations must also include provision requiring the Secretary of State to notify a Judicial Commissioner and the person concerned of the duration of any extended period.””Member's explanatory statementThis amendment enables the Secretary of State to make regulations, and a Judicial Commissioner to give a direction, setting time limits in connection with reviews carried out under section 257 of the Investigatory Powers Act 2016 (review of national security and technical capability notices).
33: Clause 17, page 35, line 41, at end insert—“(6) In section 267(3) (regulations: affirmative procedure)—(a) in paragraph (e), after “90(1)” insert “, (5A)(a) or (11A)(a)”;(b) in paragraph (j), after “257(1)” insert “, (4A)(a) or (10A)(a)”.”Member's explanatory statementThis amendment applies the affirmative procedure to regulations made under section 90(5A)(a) or (11A)(a) or 257(4A)(a) or (10A)(a) of the Investigatory Powers Act 2016 (time limits in connection with reviews of notices).
Amendments 32 and 33 agreed.
Clause 19: Renewal of notices

Lord Sharpe of Epsom: Moved by Lord Sharpe of Epsom
46: After Clause 25 insert the following new Clause—“Bulk equipment interference: safeguards for confidential journalistic material etc(1) The Investigatory Powers Act 2016 is amended as follows.(2) For section 195 (additional safeguard for confidential journalistic material) substitute—“195 Additional safeguards for confidential journalistic material etc  (1) Subsection (2) applies if, in a case where material obtained under a bulk equipment interference warrant (“BEI material”) is to be selected for examination—(a) the purpose, or one of the purposes, of using those criteria to be used for the selection of the BEI material for examination (“the relevant criteria”) is to identify any confidential journalistic material or to identify or confirm a source of journalistic information, or(b) the use of the relevant criteria is highly likely to identify confidential journalistic material or identify or confirm a source of journalistic information.(2) The BEI material may be selected for examination using the relevant criteria only if the use of those criteria has been approved by—(a) the Investigatory Powers Commissioner, or(b) in a case where a senior official acting on behalf of the Secretary of State considers there is an urgent need to do so, the senior official.(3) The Investigatory Powers Commissioner or a senior official may give an approval under subsection (2) only if the Commissioner or official considers that—(a) the public interest in obtaining the information that would be obtained by the selection of the BEI material for examination outweighs the public interest in the confidentiality of confidential journalistic material or sources of journalistic information, and(b) there are no less intrusive means by which the information may reasonably be obtained.(4) Subsection (5) applies where—(a) material obtained under a bulk equipment interference warrant (“the relevant material”) is retained, following its examination, for purposes other than the destruction of the relevant material, and(b) the person to whom the warrant is addressed considers that the relevant material contains confidential journalistic material or material that would identify or confirm a source of journalistic information.(5) The person to whom the warrant is addressed must inform the Investigatory Powers Commissioner of the retention of the relevant material as soon as reasonably practicable.(6) Unless the Investigatory Powers Commissioner considers that subsection (8) applies to the relevant material, the Commissioner must direct that the relevant material is destroyed.(7) If the Investigatory Powers Commissioner considers that subsection (8) applies to the relevant material, the Commissioner may impose such conditions as to the use or retention of the relevant material as the Commissioner considers necessary for the purpose of protecting the public interest in the confidentiality of confidential journalistic material or sources of journalistic information.(8) This subsection applies to material containing—(a) confidential journalistic material, or(b) material identifying or confirming a source of journalistic information,if the public interest in retaining the material outweighs the public interest in the confidentiality of confidential journalistic material or sources of journalistic information.(9) The Investigatory Powers Commissioner—(a) may require an affected party to make representations about how the Commissioner should exercise any function under subsections (6) and (7), and(b) must have regard to any such representations made by an affected party (whether or not as a result of a requirement imposed under paragraph (a)).  (10) “Affected party” has the meaning given by section 194(14).(For provision about the grounds for retaining material obtained under a warrant, see section 191.)195A Section 195: procedure where use of criteria approved by senior official(1) This section applies where material obtained under a bulk equipment interference warrant is selected for examination using criteria the use of which was approved by a senior official under section 195(2).(2) The Secretary of State must, as soon as reasonably practicable, inform the Investigatory Powers Commissioner that the approval has been given.(3) The Investigatory Powers Commissioner must, as soon as reasonably practicable—(a) consider whether the relevant condition is met as regards the use of the criteria for the selection of the material for examination, and(b) notify the Secretary of State of their decision.(4) For this purpose, “the relevant condition” is that—(a) the public interest in obtaining the information that would be obtained by the selection of the material for examination outweighs the public interest in the confidentiality of confidential journalistic material or sources of journalistic information, and(b) there are no less intrusive means by which the information may reasonably be obtained.(5) On the giving of a notification of a decision that the relevant condition is not met, the senior official’s approval ceases to have effect.(6) Nothing in subsection (5) affects the lawfulness of—(a) anything done by virtue of the approval before it ceases to have effect, or(b) if anything is in the process of being done by virtue of the approval when it ceases to have effect—(i) anything done before that thing could be stopped, or(ii) anything done which it is not reasonably practicable to stop.”(3) In section 229 (main oversight functions), in subsection (8), before paragraph (g) insert—“(fb) deciding whether—(i) to approve the use of criteria under section 195(2)(a),(ii) subsection 195(8) applies for the purposes of subsection 195(6) and (7),(iii) the relevant condition is met for the purposes of subsection 195A(3)(a).””Member's explanatory statementThis amendment replaces section 195 of the Investigatory Powers Act 2016 with new sections 195 and 195A which include additional protections in relation to confidential journalistic material and sources of journalistic material.
Amendment 46 agreed.
Amendment 47 not moved.